1021-00005 · Verimark Hospitality Group · Preservation

luminos-data-preservation-letter.docx DOCUMENT Finance & Banking

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PRIVILEGED & CONFIDENTIAL

CALDERWOOD & HARKNESS LLP Attorneys at Law

100 Southeast Second Street, Suite 3400 Miami, FL 33131

February 6, 2026

VIA EMAIL AND FACSIMILE

Shannon D. Prewitt Senior Account Manager Luminos Payroll Solutions Inc. 3300 Peachtree Road NE, Suite 800 Atlanta, GA 30326

Re: Data Preservation Request — Verimark Hospitality Group Inc. Account No. LTT-VHG-2022-0041

C&H Matter No.: 1021-00005

Dear Ms. Prewitt:

1. Introduction and Basis for the Request

Calderwood & Harkness LLP ("Calderwood & Harkness" or "C&H") represents Verimark Hospitality Group Inc. ("VHG"), a Delaware corporation headquartered at 2400 Bayshore Boulevard, Suite 1100, Tampa, FL 33629 (EIN: 84-3291076; Nasdaq: VMHG), in connection with anticipated litigation concerning alleged wage-and-hour violations. We write to you in your capacity as Senior Account Manager at Luminos Payroll Solutions Inc. ("Luminos"), which has served as VHG's outsourced payroll processor and timekeeping vendor since January 1, 2022, operating under VHG account number LTT-VHG-2022-0041.

VHG has been the subject of a pre-litigation demand alleging violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"), and the Florida Constitution, Article X, Section 24. On January 14, 2026, the law firm of Garza, Linden & Okafor LLP transmitted a formal demand letter on behalf of a former VHG employee, Daniela M. Serrano, who was employed as a front-desk associate at the Verimark Regency Tampa property (VHG Employee ID: VHG-EMP-20220314-5587; employed March 14, 2022, through August 22, 2025). That demand letter was received by VHG's General Counsel, Devin K. Arroyo, on January 16, 2026.

The demand letter threatens the commencement of a collective action under 29 U.S.C. § 216(b) and, potentially, a class action under the Florida Constitution and applicable Florida statutes, on behalf of all current and former hourly, non-exempt employees at Verimark-branded properties in the State of Florida from January 2023 to the present. Based on VHG's internal workforce data, the estimated putative collective comprises approximately 4,100 to 5,900 individuals across VHG's Florida operations.

In response to receipt of the demand letter, VHG took prompt action to preserve relevant evidence. On January 17, 2026, VHG issued an internal litigation-hold memorandum to all relevant custodians and departments within the company. VHG's Audit Committee subsequently authorized the engagement of outside counsel on January 29, 2026, and Calderwood & Harkness formally opened this matter on January 30, 2026.

As VHG's outsourced payroll processor and timekeeping vendor, Luminos is a custodian of data that is directly and critically relevant to the allegations underlying the anticipated litigation. The claims at issue center on the alleged failure to properly compensate hourly, non-exempt employees for all hours worked, including allegations concerning automatic meal-break deductions, overtime calculation methodologies, and tip-credit applications — matters that are substantially within the scope of the payroll processing and timekeeping services Luminos provides to VHG.

Accordingly, this letter constitutes a formal and immediate request that Luminos preserve all data and records related to VHG's account, as described in detail below, and that Luminos immediately refrain from destroying, altering, overwriting, deleting, migrating, or otherwise modifying any such data. This obligation to preserve is effective immediately upon receipt of this letter and shall continue until Calderwood & Harkness provides written notice that the preservation obligation has been lifted.

We appreciate your prompt attention to this matter and trust that Luminos will cooperate fully with VHG's reasonable and necessary efforts to preserve potentially relevant evidence.

2. Legal Obligation to Preserve

As you may be aware, the common law imposes a broad duty to preserve documents and electronically stored information ("ESI") that are relevant, or reasonably anticipated to be relevant, to pending or reasonably anticipated litigation. This duty was triggered for VHG no later than January 16, 2026, when VHG received the demand letter from Garza, Linden & Okafor LLP. From that date forward, VHG has been under an affirmative obligation to take reasonable steps to ensure that all potentially relevant evidence is identified, preserved, and protected from destruction, alteration, or loss.

This preservation obligation is not limited to documents and data within VHG's direct physical possession. Under well-established principles of federal and state law, a party's duty to preserve extends to documents and ESI in the possession, custody, or control of that party's agents, vendors, contractors, and service providers, to the extent that the party has a legal right or practical ability to obtain such materials. See, e.g., Zubulake v. Ashgrove Trust Bank, 220 F.R.D. 212, 218 (S.D.N.Y. 2003); Silvestri v. General Motors Corp., 271 F.3d 583, 591 (4th Cir. 2001). As VHG's contractual payroll processor and the platform through which VHG's employee timekeeping data is recorded, maintained, and processed, Luminos is such a custodian with respect to the data at issue.

The consequences of a failure to preserve relevant evidence can be severe. Under Federal Rule of Civil Procedure 37(e), if ESI that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, a court may order measures no greater than necessary to cure the prejudice — including, in cases of intentional conduct, an adverse inference instruction to the jury, dismissal of claims or defenses, or entry of a default judgment. State courts in Florida apply similar principles. The spoliation of evidence may also give rise to independent tort claims in certain jurisdictions.

We emphasize that Luminos's cooperation with this preservation request is not merely a matter of professional courtesy; it is essential to VHG's ability to comply with its own legal obligations and to the integrity of the judicial process. A failure by Luminos to preserve data responsive to the categories described in this letter could expose both VHG and Luminos to adverse consequences, including potential sanctions, adverse inferences, and liability for spoliation. We trust that Luminos takes these obligations seriously and will act promptly and in good faith to ensure the preservation of all relevant data.

3. Scope of Data Subject to Preservation

The following sections describe in detail the data and records that Luminos must preserve. This description is intended to be comprehensive but not exhaustive. To the extent Luminos maintains additional categories of data related to VHG's account that are not specifically enumerated below but that may be relevant to the claims or defenses in the anticipated litigation, Luminos should err on the side of preservation and should contact Calderwood & Harkness to discuss the scope of any additional data before taking any action to destroy or alter such data.

3.1 Account Identification

This preservation request applies to all data associated with VHG account number LTT-VHG-2022-0041, encompassing all VHG properties serviced by Luminos under that account. While the preservation obligation extends to all VHG properties within the Luminos system, we direct particular emphasis to the following seven at-issue properties located in the State of Florida:

1. Verimark Regency Tampa — 1200 North Westshore Boulevard, Tampa, FL 33607

2. Verimark Grand Orlando — 8750 International Drive, Orlando, FL 32819

3. Verimark Shores Clearwater — 455 Mandalay Avenue, Clearwater Beach, FL 33767

4. Verimark Bayfront St. Petersburg — 100 First Avenue South, St. Petersburg, FL 33701

5. Verimark Resort & Spa Boca Raton — 2600 North Ocean Boulevard, Boca Raton, FL 33431

6. Verimark Oceanview Fort Lauderdale — 3030 Holiday Drive, Fort Lauderdale, FL 33316

7. Verimark Key West Collection — 1500 Reynolds Street, Key West, FL 33040

These seven properties represent the primary locations at which the named claimant and the putative collective members were or are employed. However, because VHG's Florida operations are interconnected and employees may have worked at or transferred among multiple properties, all VHG property data within the Luminos system should be preserved.

3.2 Temporal Scope

The temporal scope of this preservation request encompasses all data from January 1, 2022 — the date on which VHG transitioned its payroll processing operations to Luminos — through the date of this letter (February 6, 2026), and continuing on a going-forward basis until further written notice from Calderwood & Harkness or VHG.

This date range has been determined based on the longest potentially applicable statute of limitations. Under Florida Statutes § 95.11(2)(b), claims for violations of the Florida constitutional minimum-wage provision (Fla. Const. Art. X, § 24) are subject to a five-year statute of limitations, which, measured from the date of the demand letter (January 14, 2026), would reach back to January 14, 2021. Because the Luminos engagement with VHG commenced on January 1, 2022, all data maintained by Luminos from the inception of the relationship falls within the relevant period. Additionally, FLSA claims are subject to a two-year statute of limitations for non-willful violations and a three-year statute of limitations for willful violations, 29 U.S.C. § 255(a), both of which fall within the January 1, 2022, to present window.

Accordingly, all data maintained by Luminos for VHG's account from January 1, 2022, through the present — and on a continuing basis going forward — must be preserved in its entirety. No data within this period should be destroyed, altered, overwritten, purged, archived to inaccessible media, or otherwise modified without the express prior written consent of Calderwood & Harkness.

3.3 Categories of Data to Be Preserved

The following categories describe the specific types of data and records that must be preserved. Each category should be understood to include all associated metadata, system-generated identifiers, timestamps, and audit-trail information.

3.3.1 Timekeeping / Time-Punch Records. Luminos must preserve all raw time-punch data for all hourly, non-exempt employees at the seven at-issue properties enumerated in Section 3.1 above and, to the extent such data is maintained in a unified system or database, for all fourteen (14) VHG Florida properties. This includes, without limitation:

• All clock-in and clock-out records;

• All break-start and break-end records;

• All associated employee identifiers, including VHG Employee IDs and any Luminos-assigned identifiers;

• Job codes, department codes, and property codes associated with each punch event;

• Shift dates and timestamps for each punch event, including time-zone indicators;

• The source of each punch event (e.g., physical time clock, web-based portal, mobile application, manual entry by supervisor); and

• Any flags, exceptions, or alerts generated by the Luminos system in connection with time-punch data (e.g., missed-punch alerts, early clock-in flags, overtime-threshold warnings).

In addition, Luminos must preserve all edited, corrected, or overridden time entries, together with the complete audit trail for each such modification. The audit trail must include, at a minimum:

• The original time entry as initially recorded by the system;

• The modified or corrected time entry;

• The identity of the user or administrator who made the modification (including user ID and, if available, the user's name and role);

• The date and time at which the modification was made; and

• Any reason codes, comments, or annotations entered in connection with the modification.

3.3.2 Automatic Deduction Configurations. This category is of central importance to the anticipated litigation. Luminos must preserve the complete configuration history for the automatic meal-break deduction rule identified as AR-MEAL-030 (the 30-minute automatic meal-break deduction applied to shifts of six (6) or more hours), including but not limited to:

• The date on which rule AR-MEAL-030 was first implemented for VHG's account;

• All modifications to the rule's parameters at any time from implementation through the present, including changes to the deduction duration, the threshold shift length triggering the deduction, the applicable job codes, and the applicable property codes;

• Any exceptions, overrides, or manual corrections applied to the rule at the individual employee level, the property level, or the job-code level;

• All system documentation describing the logic and operation of the rule, including technical specifications, user-facing documentation, and any configuration guides provided to VHG; and

• Records of any communications between Luminos and VHG regarding the implementation, modification, or operation of rule AR-MEAL-030.

In addition, Luminos must preserve the configuration history and documentation for all other automatic deduction rules and time-rounding rules applied to VHG employee time records, with the same level of detail as described above for AR-MEAL-030. This includes, without limitation, any rules governing automatic rounding of clock-in or clock-out times, automatic deductions for rest breaks, and any rules that automatically adjust recorded hours for any purpose.

3.3.3 Payroll Registers and Payment Records. Luminos must preserve complete payroll registers for all pay periods from January 1, 2022, through the present for the seven at-issue properties and, to the extent maintained in a single database, for all VHG properties. Each payroll register record should include, at a minimum:

• Employee identification information (name, Employee ID, Social Security number or last four digits if applicable);

• Pay period start and end dates;

• Gross pay and net pay;

• Regular hours worked and regular-rate pay;

• Overtime hours worked and overtime pay, broken down by overtime type (e.g., time-and-a-half, double-time) if applicable;

• Tip-credit adjustments and tipped-employee wage calculations;

• All deductions (tax withholdings, benefit deductions, garnishments, and other deductions), itemized by category;

• Any retroactive adjustments to pay, including the reason for and amount of each adjustment; and

• Payment method and payment date.

In addition, Luminos must preserve all wage statements (pay stubs) generated for employees at the at-issue properties during the relevant period, whether such statements were delivered electronically or in hard copy, and including the underlying data from which such statements were generated.

3.3.4 Employee Master Data. Luminos must preserve all employee demographic and employment records maintained within the Luminos system for VHG employees, including but not limited to:

• Full legal name and any name variations on file;

• Luminos-assigned employee identifiers and VHG Employee IDs;

• Hire date and, if applicable, separation date, together with the reason for separation;

• Job title and job code;

• FLSA exemption classification (exempt vs. non-exempt);

• Assigned property (or properties, if the employee worked at multiple locations);

• Department assignment;

• Pay rate(s), including hourly rate, salary rate (if applicable), and the effective dates for each rate;

• Tip-pool participation status and any associated tip-distribution records; and

• Any changes to any of the foregoing fields over the course of the employee's tenure, including historical records of job-code changes, property transfers, rate changes, and classification changes.

3.3.5 Scheduling Records. To the extent that employee scheduling data is maintained within the Luminos TimeTrack platform or any related Luminos system, Luminos must preserve all scheduling records for VHG employees at the at-issue properties during the relevant period, including:

• Scheduled shifts, including shift start and end times;

• Scheduled break periods;

• Any variance reports or exception reports comparing scheduled versus actual hours worked; and

• Any notifications, alerts, or flags generated by the system in connection with scheduling-related discrepancies.

3.3.6 System-Audit Logs and Metadata. Luminos must preserve all system-audit logs, change logs, and administrative-action logs for VHG account LTT-VHG-2022-0041, spanning the full temporal scope described in Section 3.2. This category includes, without limitation:

• User access logs: Records reflecting which users accessed or modified VHG data, the date and time of access, the nature of the actions taken (viewing, editing, deleting, exporting), and the specific data records affected;

• Configuration change logs: Records reflecting changes to any system configuration applicable to VHG's account, including changes to deduction rules, rounding rules, overtime calculation algorithms, pay-rate tables, job-code structures, property-code structures, and user permissions;

• Data deletion or archival logs: Records reflecting any deletion, purging, or archival of VHG data, including the date of the action, the identity of the user who initiated the action (or an indication that the action was automated), and the categories or volume of data affected; and

• System error logs and exception reports: Records reflecting any system errors, processing failures, or exception conditions related to time-punch processing, payroll calculation, or data integrity for VHG's account.

3.3.7 Overtime Calculation Algorithms and Configuration. Luminos must preserve all documentation, system specifications, and configuration records describing the algorithms used by the Luminos TimeTrack system to calculate overtime for VHG employees. This includes:

• The definition of the workweek as configured for VHG's account (start day and time);

• The methodology for determining the regular rate of pay, including the treatment of shift differentials, bonuses, and other forms of compensation in the regular-rate calculation;

• The treatment of tip income in overtime calculations, including whether and how tip credits affect the overtime rate;

• Any property-specific or job-code-specific variations in overtime calculation methodology; and

• All changes to the overtime calculation configuration over the relevant period, with effective dates and the identity of the user or administrator who implemented each change.

3.3.8 Contractual and Service Agreement Documentation. Luminos must preserve the current and all prior versions of the following agreements, to the extent they exist, between Luminos and VHG:

• The Master Service Agreement governing the payroll processing and timekeeping relationship;

• All service-level agreements and performance standards;

• All data-processing agreements, data-security agreements, and data-privacy agreements;

• All addenda, amendments, supplements, change orders, and statements of work; and

• All schedules, exhibits, and attachments to any of the foregoing agreements.

Of particular relevance are any provisions governing data retention schedules, data destruction obligations, data-access rights, data-portability rights, and the respective responsibilities of Luminos and VHG with respect to the accuracy and integrity of timekeeping and payroll data.

3.3.9 Communications. Luminos must preserve all correspondence between Luminos and VHG from January 1, 2022, through the present that relates to any of the following subjects:

• Timekeeping system configuration, including the setup and modification of time-punch rules, deduction rules, and rounding rules;

• The implementation, operation, or modification of automatic meal-break deduction rule AR-MEAL-030;

• Overtime calculation methodologies and configurations;

• Payroll errors, discrepancies, or corrections, including any reports of incorrect pay calculations;

• Wage-and-hour compliance inquiries, audits, or assessments;

• Employee complaints or inquiries routed through Luminos's systems regarding pay, hours, or deductions; and

• Data retention, data destruction, or data archival policies as applied to VHG's account.

This category encompasses all forms of communication, including but not limited to emails, letters, memoranda, support tickets (including those submitted through Luminos's online support portal), account-management notes, meeting minutes, and records of telephone calls.

3.3.10 Backup and Archived Data. Finally, Luminos must preserve any data falling within the categories described above that has been migrated to backup systems, archived to secondary or tertiary storage, or moved to cold storage. Data that exists only in backup or archived form is no less subject to the preservation obligation than data residing in active production systems.

In connection with this requirement, Luminos must immediately suspend any automatic data-purging, overwriting, recycling, or destruction schedules with respect to VHG data in backup and archival systems, pending further written notice from Calderwood & Harkness or VHG. This includes any scheduled rotation or overwriting of backup tapes, disks, or other media containing VHG data.

4. Data-Export Specifications

In addition to preserving the data described above, we request that Luminos prepare and make available to Calderwood & Harkness — at VHG's direction and expense — a complete export of the preserved data in the formats specified below. We understand that preparation of these exports may require coordination between Luminos's data-engineering and account-management teams, and we are prepared to work with your team to facilitate the process.

The following export specifications are requested:

• Time-punch data: Delimited flat file (CSV or pipe-delimited), with one row per punch event. Each record should include fields for: employee ID, employee name, property code, job code, department code, date, punch type (clock-in / clock-out / break start / break end), timestamp (to the nearest second, including time-zone designator in ISO 8601 format), edited/original indicator, editing user ID (if applicable), and edit timestamp (if applicable).

• Payroll registers: Excel-compatible format (.xlsx) or CSV, with one row per employee per pay period. Each record should include all fields for hours (regular and overtime), rates (regular and overtime), gross pay, net pay, overtime pay, tip credits, tipped-employee minimum-wage calculations, itemized deductions, retroactive adjustments, and payment date.

• Automatic deduction configuration: System-generated report or structured export showing rule ID, rule name, all configurable parameters, effective dates, applicable job codes, and applicable property codes. If a structured export is not available from the Luminos system, annotated screenshots of the configuration interface and supporting system documentation are acceptable as an interim measure.

• Audit logs: Native system format or CSV export, with all available fields including timestamps, user identifiers, action types, affected records, and pre- and post-modification values where available.

• Employee master data: CSV or Excel (.xlsx), with all fields described in Section 3.3.4 above, including historical records of changes to employee classification, pay rate, property assignment, and job code.

• All exports should include header rows with descriptive field names and should be accompanied by a data dictionary defining each field, its data type, its permissible values (if applicable), and any codes or abbreviations used.

We request that all data exports be encrypted using AES-256 encryption (or equivalent) and transmitted via secure file transfer protocol (SFTP) or on encrypted physical media (such as an encrypted USB drive shipped via tracked courier). Under no circumstances should unencrypted employee payroll or personal data be transmitted via standard email.

The Calderwood & Harkness contact for coordination of the data-export process is James Underwood, Working Associate. Mr. Underwood can be reached at (305) 555-0147 or j.underwood@calderwoodharkness.com. Please direct all technical and logistical questions regarding the data export to Mr. Underwood.

5. Suspension of Data-Destruction Schedules

We wish to emphasize and reiterate the following point, which is of critical importance: Luminos must immediately suspend any and all routine data-destruction, purging, overwriting, recycling, or archival schedules that are applicable to VHG data under account LTT-VHG-2022-0041.

This suspension applies to all automated and manual processes that would result in the deletion, overwriting, degradation, or inaccessibility of any data within the categories described in Section 3 of this letter, including but not limited to:

• Automated purging of time-punch data after a specified retention period;

• Overwriting or rotation of system-audit logs;

• Archival of payroll registers to formats or media that would reduce data fidelity or accessibility;

• Deletion of configuration-change histories or administrative-action logs;

• Overwriting of backup tapes or other backup media containing VHG data; and

• Any other scheduled or routine process that would alter, degrade, or destroy VHG data.

This suspension of destruction schedules must remain in effect until Calderwood & Harkness provides written notice that the preservation obligation has been lifted. No oral communication or informal indication will be sufficient to release Luminos from this obligation.

We further request that Luminos provide written confirmation that all applicable destruction schedules have been suspended. In addition, we request that Luminos identify any VHG data within the categories described in Section 3 that may already have been destroyed, purged, or overwritten since January 1, 2022, pursuant to routine data-retention policies or for any other reason. For any data that has been destroyed, we request that Luminos provide the following information:

• A description of the categories of data destroyed;

• The approximate date(s) of destruction;

• The reason for destruction (e.g., routine retention policy, system migration, user error);

• Whether the destruction was automated or manual; and

• Whether any backup or archived copies of the destroyed data may still exist.

6. Confirmation and Point of Contact

We request that Luminos acknowledge receipt of this letter and provide written confirmation of the following items within five (5) business days of receipt — that is, no later than February 13, 2026:

1. Confirmation that all data described in Section 3 of this letter will be preserved in its current form and location, and that no such data will be destroyed, altered, overwritten, or otherwise modified;

2. Confirmation that all automatic destruction, purging, recycling, and overwriting schedules applicable to VHG data under account LTT-VHG-2022-0041 have been suspended, with identification of the specific schedules or processes that have been suspended;

3. Identification of any VHG data within the scope of Section 3 that has already been destroyed, purged, or overwritten, together with the information described in Section 5 above; and

4. Designation of a Luminos point of contact (name, title, email address, and telephone number) for ongoing coordination regarding data preservation, data export, and any questions arising from this request.

Please direct your written confirmation and any questions regarding this request to the following contacts:

VHG's Primary Internal Contact:

Enrique J. Fuentes Director, Payroll & Workforce Compliance Verimark Hospitality Group Inc. 2400 Bayshore Boulevard, Suite 1100 Tampa, FL 33629 Telephone: (813) 555-0283

Email: e.fuentes@verimarkgroup.com

Calderwood & Harkness's Primary Contacts:

Nadia Petrov, Lead Associate Calderwood & Harkness LLP 100 Southeast Second Street, Suite 3400 Miami, FL 33131 Telephone: (305) 555-0192

Email: n.petrov@calderwoodharkness.com

James Underwood, Working Associate Calderwood & Harkness LLP 100 Southeast Second Street, Suite 3400 Miami, FL 33131 Telephone: (305) 555-0147

Email: j.underwood@calderwoodharkness.com

7. Authorization

This letter is sent on behalf of and at the direction of Verimark Hospitality Group Inc., acting through its General Counsel, Devin K. Arroyo. Calderwood & Harkness LLP is authorized to make this preservation request and to coordinate with Luminos regarding the preservation and production of data described herein, pursuant to VHG's engagement of Calderwood & Harkness as outside counsel in this matter (C&H Matter No. 1021-00005, opened January 30, 2026).

If Luminos wishes to verify this authorization, it may do so by contacting Mr. Arroyo directly at VHG's Office of the General Counsel, (813) 555-0310, d.arroyo@verimarkgroup.com, or by contacting Mr. Fuentes at the contact information provided in Section 6 above. We request that any such verification be conducted promptly so as not to delay Luminos's implementation of the preservation measures described in this letter.

8. Confidentiality and Privilege

This letter and its contents are protected by the attorney-client privilege and the work-product doctrine to the fullest extent applicable under law. This communication was prepared by counsel for VHG in anticipation of litigation and for the purpose of rendering legal advice to VHG in connection with the anticipated claims.

We request that Luminos treat this letter and its contents as strictly confidential and that Luminos not disclose the existence or contents of this letter to any third party — including, without limitation, any current or former VHG employee, any opposing party or opposing counsel, any governmental agency, or any other person or entity — without the prior written consent of Calderwood & Harkness or VHG. In the event that Luminos receives a subpoena, court order, or other legal process seeking disclosure of this letter or information about this preservation request, we ask that Luminos promptly notify Calderwood & Harkness before making any disclosure so that VHG may assert any applicable privileges or protections.

We further note that data produced by Luminos in response to this request may be designated as privileged or work-product material to the extent it is generated, compiled, or organized at the direction of counsel for the purpose of rendering legal advice. The production of such data to Calderwood & Harkness does not constitute a waiver of any applicable privilege or protection.

9. Reservation of Rights

VHG and Calderwood & Harkness expressly reserve the right to supplement this preservation request with additional categories of data, expanded date ranges, additional property locations, or further specifications as the matter develops and as additional information becomes available. This letter represents VHG's initial preservation request based on the information currently available and should not be construed as a complete or final statement of VHG's preservation needs.

Nothing in this letter constitutes a waiver of any rights, claims, or defenses available to VHG under applicable law, including but not limited to any rights or defenses arising under the FLSA, the Florida Constitution, or any other federal or state statute, regulation, or common-law principle.

VHG further reserves all rights under its contractual agreements with Luminos, including without limitation any data-access provisions, data-portability provisions, audit rights, and indemnification provisions set forth in the Master Service Agreement or any related agreement between VHG and Luminos.

We appreciate Luminos's prompt attention to this important matter. The preservation of the data described in this letter is essential to VHG's ability to comply with its legal obligations and to ensure the integrity of the evidentiary record in the anticipated litigation. We are confident that Luminos shares our commitment to the proper preservation of data and records, and we look forward to your timely confirmation of compliance.

Should you have any questions regarding this letter, the scope of the preservation request, or the data-export specifications, please do not hesitate to contact Bernard Crawford at (305) 555-0123 or b.crawford@calderwoodharkness.com, Nadia Petrov at (305) 555-0192 or n.petrov@calderwoodharkness.com, or James Underwood at (305) 555-0147 or j.underwood@calderwoodharkness.com.

Thank you for your cooperation.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

Bernard Crawford Responsible Partner, Labor & Employment Calderwood & Harkness LLP 100 Southeast Second Street, Suite 3400 Miami, FL 33131 Telephone: (305) 555-0123

Email: b.crawford@calderwoodharkness.com

cc: Devin K. Arroyo, General Counsel, Verimark Hospitality Group Inc.

cc: Enrique J. Fuentes, Director, Payroll & Workforce Compliance, Verimark Hospitality Group Inc.

cc: Nadia Petrov, Lead Associate, Calderwood & Harkness LLP

cc: James Underwood, Working Associate, Calderwood & Harkness LLP

Enclosures: None

PRIVILEGED & CONFIDENTIAL
CALDERWOOD & HARKNESS LLP Attorneys at Law
100 Southeast Second Street, Suite 3400 Miami, FL 33131
February 6, 2026
VIA EMAIL AND FACSIMILE
Shannon D. Prewitt Senior Account Manager Luminos Payroll Solutions Inc. 3300 Peachtree Road NE, Suite 800 Atlanta, GA 30326
Re: Data Preservation Request — Verimark Hospitality Group Inc. Account No. LTT-VHG-2022-0041
C&H Matter No.: 1021-00005
Dear Ms. Prewitt:
1. Introduction and Basis for the Request
Calderwood & Harkness LLP ("Calderwood & Harkness" or "C&H") represents Verimark Hospitality Group Inc. ("VHG"), a Delaware corporation headquartered at 2400 Bayshore Boulevard, Suite 1100, Tampa, FL 33629 (EIN: 84-3291076; Nasdaq: VMHG), in connection with anticipated litigation concerning alleged wage-and-hour violations. We write to you in your capacity as Senior Account Manager at Luminos Payroll Solutions Inc. ("Luminos"), which has served as VHG's outsourced payroll processor and timekeeping vendor since January 1, 2022, operating under VHG account number LTT-VHG-2022-0041.
VHG has been the subject of a pre-litigation demand alleging violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"), and the Florida Constitution, Article X, Section 24. On January 14, 2026, the law firm of Garza, Linden & Okafor LLP transmitted a formal demand letter on behalf of a former VHG employee, Daniela M. Serrano, who was employed as a front-desk associate at the Verimark Regency Tampa property (VHG Employee ID: VHG-EMP-20220314-5587; employed March 14, 2022, through August 22, 2025). That demand letter was received by VHG's General Counsel, Devin K. Arroyo, on January 16, 2026.
The demand letter threatens the commencement of a collective action under 29 U.S.C. § 216(b) and, potentially, a class action under the Florida Constitution and applicable Florida statutes, on behalf of all current and former hourly, non-exempt employees at Verimark-branded properties in the State of Florida from January 2023 to the present. Based on VHG's internal workforce data, the estimated putative collective comprises approximately 4,100 to 5,900 individuals across VHG's Florida operations.
In response to receipt of the demand letter, VHG took prompt action to preserve relevant evidence. On January 17, 2026, VHG issued an internal litigation-hold memorandum to all relevant custodians and departments within the company. VHG's Audit Committee subsequently authorized the engagement of outside counsel on January 29, 2026, and Calderwood & Harkness formally opened this matter on January 30, 2026.
As VHG's outsourced payroll processor and timekeeping vendor, Luminos is a custodian of data that is directly and critically relevant to the allegations underlying the anticipated litigation. The claims at issue center on the alleged failure to properly compensate hourly, non-exempt employees for all hours worked, including allegations concerning automatic meal-break deductions, overtime calculation methodologies, and tip-credit applications — matters that are substantially within the scope of the payroll processing and timekeeping services Luminos provides to VHG.
Accordingly, this letter constitutes a formal and immediate request that Luminos preserve all data and records related to VHG's account, as described in detail below, and that Luminos immediately refrain from destroying, altering, overwriting, deleting, migrating, or otherwise modifying any such data. This obligation to preserve is effective immediately upon receipt of this letter and shall continue until Calderwood & Harkness provides written notice that the preservation obligation has been lifted.
We appreciate your prompt attention to this matter and trust that Luminos will cooperate fully with VHG's reasonable and necessary efforts to preserve potentially relevant evidence.
2. Legal Obligation to Preserve
As you may be aware, the common law imposes a broad duty to preserve documents and electronically stored information ("ESI") that are relevant, or reasonably anticipated to be relevant, to pending or reasonably anticipated litigation. This duty was triggered for VHG no later than January 16, 2026, when VHG received the demand letter from Garza, Linden & Okafor LLP. From that date forward, VHG has been under an affirmative obligation to take reasonable steps to ensure that all potentially relevant evidence is identified, preserved, and protected from destruction, alteration, or loss.
This preservation obligation is not limited to documents and data within VHG's direct physical possession. Under well-established principles of federal and state law, a party's duty to preserve extends to documents and ESI in the possession, custody, or control of that party's agents, vendors, contractors, and service providers, to the extent that the party has a legal right or practical ability to obtain such materials. See, e.g., Zubulake v. Ashgrove Trust Bank, 220 F.R.D. 212, 218 (S.D.N.Y. 2003); Silvestri v. General Motors Corp., 271 F.3d 583, 591 (4th Cir. 2001). As VHG's contractual payroll processor and the platform through which VHG's employee timekeeping data is recorded, maintained, and processed, Luminos is such a custodian with respect to the data at issue.
The consequences of a failure to preserve relevant evidence can be severe. Under Federal Rule of Civil Procedure 37(e), if ESI that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, a court may order measures no greater than necessary to cure the prejudice — including, in cases of intentional conduct, an adverse inference instruction to the jury, dismissal of claims or defenses, or entry of a default judgment. State courts in Florida apply similar principles. The spoliation of evidence may also give rise to independent tort claims in certain jurisdictions.
We emphasize that Luminos's cooperation with this preservation request is not merely a matter of professional courtesy; it is essential to VHG's ability to comply with its own legal obligations and to the integrity of the judicial process. A failure by Luminos to preserve data responsive to the categories described in this letter could expose both VHG and Luminos to adverse consequences, including potential sanctions, adverse inferences, and liability for spoliation. We trust that Luminos takes these obligations seriously and will act promptly and in good faith to ensure the preservation of all relevant data.
3. Scope of Data Subject to Preservation
The following sections describe in detail the data and records that Luminos must preserve. This description is intended to be comprehensive but not exhaustive. To the extent Luminos maintains additional categories of data related to VHG's account that are not specifically enumerated below but that may be relevant to the claims or defenses in the anticipated litigation, Luminos should err on the side of preservation and should contact Calderwood & Harkness to discuss the scope of any additional data before taking any action to destroy or alter such data.
3.1 Account Identification
This preservation request applies to all data associated with VHG account number LTT-VHG-2022-0041, encompassing all VHG properties serviced by Luminos under that account. While the preservation obligation extends to all VHG properties within the Luminos system, we direct particular emphasis to the following seven at-issue properties located in the State of Florida:
1. Verimark Regency Tampa — 1200 North Westshore Boulevard, Tampa, FL 33607
2. Verimark Grand Orlando — 8750 International Drive, Orlando, FL 32819
3. Verimark Shores Clearwater — 455 Mandalay Avenue, Clearwater Beach, FL 33767
4. Verimark Bayfront St. Petersburg — 100 First Avenue South, St. Petersburg, FL 33701
5. Verimark Resort & Spa Boca Raton — 2600 North Ocean Boulevard, Boca Raton, FL 33431
6. Verimark Oceanview Fort Lauderdale — 3030 Holiday Drive, Fort Lauderdale, FL 33316
7. Verimark Key West Collection — 1500 Reynolds Street, Key West, FL 33040
These seven properties represent the primary locations at which the named claimant and the putative collective members were or are employed. However, because VHG's Florida operations are interconnected and employees may have worked at or transferred among multiple properties, all VHG property data within the Luminos system should be preserved.
3.2 Temporal Scope
The temporal scope of this preservation request encompasses all data from January 1, 2022 — the date on which VHG transitioned its payroll processing operations to Luminos — through the date of this letter (February 6, 2026), and continuing on a going-forward basis until further written notice from Calderwood & Harkness or VHG.
This date range has been determined based on the longest potentially applicable statute of limitations. Under Florida Statutes § 95.11(2)(b), claims for violations of the Florida constitutional minimum-wage provision (Fla. Const. Art. X, § 24) are subject to a five-year statute of limitations, which, measured from the date of the demand letter (January 14, 2026), would reach back to January 14, 2021. Because the Luminos engagement with VHG commenced on January 1, 2022, all data maintained by Luminos from the inception of the relationship falls within the relevant period. Additionally, FLSA claims are subject to a two-year statute of limitations for non-willful violations and a three-year statute of limitations for willful violations, 29 U.S.C. § 255(a), both of which fall within the January 1, 2022, to present window.
Accordingly, all data maintained by Luminos for VHG's account from January 1, 2022, through the present — and on a continuing basis going forward — must be preserved in its entirety. No data within this period should be destroyed, altered, overwritten, purged, archived to inaccessible media, or otherwise modified without the express prior written consent of Calderwood & Harkness.
3.3 Categories of Data to Be Preserved
The following categories describe the specific types of data and records that must be preserved. Each category should be understood to include all associated metadata, system-generated identifiers, timestamps, and audit-trail information.
3.3.1 Timekeeping / Time-Punch Records. Luminos must preserve all raw time-punch data for all hourly, non-exempt employees at the seven at-issue properties enumerated in Section 3.1 above and, to the extent such data is maintained in a unified system or database, for all fourteen (14) VHG Florida properties. This includes, without limitation:
• All clock-in and clock-out records;
• All break-start and break-end records;
• All associated employee identifiers, including VHG Employee IDs and any Luminos-assigned identifiers;
• Job codes, department codes, and property codes associated with each punch event;
• Shift dates and timestamps for each punch event, including time-zone indicators;
• The source of each punch event (e.g., physical time clock, web-based portal, mobile application, manual entry by supervisor); and
• Any flags, exceptions, or alerts generated by the Luminos system in connection with time-punch data (e.g., missed-punch alerts, early clock-in flags, overtime-threshold warnings).
In addition, Luminos must preserve all edited, corrected, or overridden time entries, together with the complete audit trail for each such modification. The audit trail must include, at a minimum:
• The original time entry as initially recorded by the system;
• The modified or corrected time entry;
• The identity of the user or administrator who made the modification (including user ID and, if available, the user's name and role);
• The date and time at which the modification was made; and
• Any reason codes, comments, or annotations entered in connection with the modification.
3.3.2 Automatic Deduction Configurations. This category is of central importance to the anticipated litigation. Luminos must preserve the complete configuration history for the automatic meal-break deduction rule identified as AR-MEAL-030 (the 30-minute automatic meal-break deduction applied to shifts of six (6) or more hours), including but not limited to:
• The date on which rule AR-MEAL-030 was first implemented for VHG's account;
• All modifications to the rule's parameters at any time from implementation through the present, including changes to the deduction duration, the threshold shift length triggering the deduction, the applicable job codes, and the applicable property codes;
• Any exceptions, overrides, or manual corrections applied to the rule at the individual employee level, the property level, or the job-code level;
• All system documentation describing the logic and operation of the rule, including technical specifications, user-facing documentation, and any configuration guides provided to VHG; and
• Records of any communications between Luminos and VHG regarding the implementation, modification, or operation of rule AR-MEAL-030.
In addition, Luminos must preserve the configuration history and documentation for all other automatic deduction rules and time-rounding rules applied to VHG employee time records, with the same level of detail as described above for AR-MEAL-030. This includes, without limitation, any rules governing automatic rounding of clock-in or clock-out times, automatic deductions for rest breaks, and any rules that automatically adjust recorded hours for any purpose.
3.3.3 Payroll Registers and Payment Records. Luminos must preserve complete payroll registers for all pay periods from January 1, 2022, through the present for the seven at-issue properties and, to the extent maintained in a single database, for all VHG properties. Each payroll register record should include, at a minimum:
• Employee identification information (name, Employee ID, Social Security number or last four digits if applicable);
• Pay period start and end dates;
• Gross pay and net pay;
• Regular hours worked and regular-rate pay;
• Overtime hours worked and overtime pay, broken down by overtime type (e.g., time-and-a-half, double-time) if applicable;
• Tip-credit adjustments and tipped-employee wage calculations;
• All deductions (tax withholdings, benefit deductions, garnishments, and other deductions), itemized by category;
• Any retroactive adjustments to pay, including the reason for and amount of each adjustment; and
• Payment method and payment date.
In addition, Luminos must preserve all wage statements (pay stubs) generated for employees at the at-issue properties during the relevant period, whether such statements were delivered electronically or in hard copy, and including the underlying data from which such statements were generated.
3.3.4 Employee Master Data. Luminos must preserve all employee demographic and employment records maintained within the Luminos system for VHG employees, including but not limited to:
• Full legal name and any name variations on file;
• Luminos-assigned employee identifiers and VHG Employee IDs;
• Hire date and, if applicable, separation date, together with the reason for separation;
• Job title and job code;
• FLSA exemption classification (exempt vs. non-exempt);
• Assigned property (or properties, if the employee worked at multiple locations);
• Department assignment;
• Pay rate(s), including hourly rate, salary rate (if applicable), and the effective dates for each rate;
• Tip-pool participation status and any associated tip-distribution records; and
• Any changes to any of the foregoing fields over the course of the employee's tenure, including historical records of job-code changes, property transfers, rate changes, and classification changes.
3.3.5 Scheduling Records. To the extent that employee scheduling data is maintained within the Luminos TimeTrack platform or any related Luminos system, Luminos must preserve all scheduling records for VHG employees at the at-issue properties during the relevant period, including:
• Scheduled shifts, including shift start and end times;
• Scheduled break periods;
• Any variance reports or exception reports comparing scheduled versus actual hours worked; and
• Any notifications, alerts, or flags generated by the system in connection with scheduling-related discrepancies.
3.3.6 System-Audit Logs and Metadata. Luminos must preserve all system-audit logs, change logs, and administrative-action logs for VHG account LTT-VHG-2022-0041, spanning the full temporal scope described in Section 3.2. This category includes, without limitation:
• User access logs: Records reflecting which users accessed or modified VHG data, the date and time of access, the nature of the actions taken (viewing, editing, deleting, exporting), and the specific data records affected;
• Configuration change logs: Records reflecting changes to any system configuration applicable to VHG's account, including changes to deduction rules, rounding rules, overtime calculation algorithms, pay-rate tables, job-code structures, property-code structures, and user permissions;
• Data deletion or archival logs: Records reflecting any deletion, purging, or archival of VHG data, including the date of the action, the identity of the user who initiated the action (or an indication that the action was automated), and the categories or volume of data affected; and
• System error logs and exception reports: Records reflecting any system errors, processing failures, or exception conditions related to time-punch processing, payroll calculation, or data integrity for VHG's account.
3.3.7 Overtime Calculation Algorithms and Configuration. Luminos must preserve all documentation, system specifications, and configuration records describing the algorithms used by the Luminos TimeTrack system to calculate overtime for VHG employees. This includes:
• The definition of the workweek as configured for VHG's account (start day and time);
• The methodology for determining the regular rate of pay, including the treatment of shift differentials, bonuses, and other forms of compensation in the regular-rate calculation;
• The treatment of tip income in overtime calculations, including whether and how tip credits affect the overtime rate;
• Any property-specific or job-code-specific variations in overtime calculation methodology; and
• All changes to the overtime calculation configuration over the relevant period, with effective dates and the identity of the user or administrator who implemented each change.
3.3.8 Contractual and Service Agreement Documentation. Luminos must preserve the current and all prior versions of the following agreements, to the extent they exist, between Luminos and VHG:
• The Master Service Agreement governing the payroll processing and timekeeping relationship;
• All service-level agreements and performance standards;
• All data-processing agreements, data-security agreements, and data-privacy agreements;
• All addenda, amendments, supplements, change orders, and statements of work; and
• All schedules, exhibits, and attachments to any of the foregoing agreements.
Of particular relevance are any provisions governing data retention schedules, data destruction obligations, data-access rights, data-portability rights, and the respective responsibilities of Luminos and VHG with respect to the accuracy and integrity of timekeeping and payroll data.
3.3.9 Communications. Luminos must preserve all correspondence between Luminos and VHG from January 1, 2022, through the present that relates to any of the following subjects:
• Timekeeping system configuration, including the setup and modification of time-punch rules, deduction rules, and rounding rules;
• The implementation, operation, or modification of automatic meal-break deduction rule AR-MEAL-030;
• Overtime calculation methodologies and configurations;
• Payroll errors, discrepancies, or corrections, including any reports of incorrect pay calculations;
• Wage-and-hour compliance inquiries, audits, or assessments;
• Employee complaints or inquiries routed through Luminos's systems regarding pay, hours, or deductions; and
• Data retention, data destruction, or data archival policies as applied to VHG's account.
This category encompasses all forms of communication, including but not limited to emails, letters, memoranda, support tickets (including those submitted through Luminos's online support portal), account-management notes, meeting minutes, and records of telephone calls.
3.3.10 Backup and Archived Data. Finally, Luminos must preserve any data falling within the categories described above that has been migrated to backup systems, archived to secondary or tertiary storage, or moved to cold storage. Data that exists only in backup or archived form is no less subject to the preservation obligation than data residing in active production systems.
In connection with this requirement, Luminos must immediately suspend any automatic data-purging, overwriting, recycling, or destruction schedules with respect to VHG data in backup and archival systems, pending further written notice from Calderwood & Harkness or VHG. This includes any scheduled rotation or overwriting of backup tapes, disks, or other media containing VHG data.
4. Data-Export Specifications
In addition to preserving the data described above, we request that Luminos prepare and make available to Calderwood & Harkness — at VHG's direction and expense — a complete export of the preserved data in the formats specified below. We understand that preparation of these exports may require coordination between Luminos's data-engineering and account-management teams, and we are prepared to work with your team to facilitate the process.
The following export specifications are requested:
• Time-punch data: Delimited flat file (CSV or pipe-delimited), with one row per punch event. Each record should include fields for: employee ID, employee name, property code, job code, department code, date, punch type (clock-in / clock-out / break start / break end), timestamp (to the nearest second, including time-zone designator in ISO 8601 format), edited/original indicator, editing user ID (if applicable), and edit timestamp (if applicable).
• Payroll registers: Excel-compatible format (.xlsx) or CSV, with one row per employee per pay period. Each record should include all fields for hours (regular and overtime), rates (regular and overtime), gross pay, net pay, overtime pay, tip credits, tipped-employee minimum-wage calculations, itemized deductions, retroactive adjustments, and payment date.
• Automatic deduction configuration: System-generated report or structured export showing rule ID, rule name, all configurable parameters, effective dates, applicable job codes, and applicable property codes. If a structured export is not available from the Luminos system, annotated screenshots of the configuration interface and supporting system documentation are acceptable as an interim measure.
• Audit logs: Native system format or CSV export, with all available fields including timestamps, user identifiers, action types, affected records, and pre- and post-modification values where available.
• Employee master data: CSV or Excel (.xlsx), with all fields described in Section 3.3.4 above, including historical records of changes to employee classification, pay rate, property assignment, and job code.
• All exports should include header rows with descriptive field names and should be accompanied by a data dictionary defining each field, its data type, its permissible values (if applicable), and any codes or abbreviations used.
We request that all data exports be encrypted using AES-256 encryption (or equivalent) and transmitted via secure file transfer protocol (SFTP) or on encrypted physical media (such as an encrypted USB drive shipped via tracked courier). Under no circumstances should unencrypted employee payroll or personal data be transmitted via standard email.
The Calderwood & Harkness contact for coordination of the data-export process is James Underwood, Working Associate. Mr. Underwood can be reached at (305) 555-0147 or j.underwood@calderwoodharkness.com. Please direct all technical and logistical questions regarding the data export to Mr. Underwood.
5. Suspension of Data-Destruction Schedules
We wish to emphasize and reiterate the following point, which is of critical importance: Luminos must immediately suspend any and all routine data-destruction, purging, overwriting, recycling, or archival schedules that are applicable to VHG data under account LTT-VHG-2022-0041.
This suspension applies to all automated and manual processes that would result in the deletion, overwriting, degradation, or inaccessibility of any data within the categories described in Section 3 of this letter, including but not limited to:
• Automated purging of time-punch data after a specified retention period;
• Overwriting or rotation of system-audit logs;
• Archival of payroll registers to formats or media that would reduce data fidelity or accessibility;
• Deletion of configuration-change histories or administrative-action logs;
• Overwriting of backup tapes or other backup media containing VHG data; and
• Any other scheduled or routine process that would alter, degrade, or destroy VHG data.
This suspension of destruction schedules must remain in effect until Calderwood & Harkness provides written notice that the preservation obligation has been lifted. No oral communication or informal indication will be sufficient to release Luminos from this obligation.
We further request that Luminos provide written confirmation that all applicable destruction schedules have been suspended. In addition, we request that Luminos identify any VHG data within the categories described in Section 3 that may already have been destroyed, purged, or overwritten since January 1, 2022, pursuant to routine data-retention policies or for any other reason. For any data that has been destroyed, we request that Luminos provide the following information:
• A description of the categories of data destroyed;
• The approximate date(s) of destruction;
• The reason for destruction (e.g., routine retention policy, system migration, user error);
• Whether the destruction was automated or manual; and
• Whether any backup or archived copies of the destroyed data may still exist.
6. Confirmation and Point of Contact
We request that Luminos acknowledge receipt of this letter and provide written confirmation of the following items within five (5) business days of receipt — that is, no later than February 13, 2026:
1. Confirmation that all data described in Section 3 of this letter will be preserved in its current form and location, and that no such data will be destroyed, altered, overwritten, or otherwise modified;
2. Confirmation that all automatic destruction, purging, recycling, and overwriting schedules applicable to VHG data under account LTT-VHG-2022-0041 have been suspended, with identification of the specific schedules or processes that have been suspended;
3. Identification of any VHG data within the scope of Section 3 that has already been destroyed, purged, or overwritten, together with the information described in Section 5 above; and
4. Designation of a Luminos point of contact (name, title, email address, and telephone number) for ongoing coordination regarding data preservation, data export, and any questions arising from this request.
Please direct your written confirmation and any questions regarding this request to the following contacts:
VHG's Primary Internal Contact:
Enrique J. Fuentes Director, Payroll & Workforce Compliance Verimark Hospitality Group Inc. 2400 Bayshore Boulevard, Suite 1100 Tampa, FL 33629 Telephone: (813) 555-0283
Email: e.fuentes@verimarkgroup.com
Calderwood & Harkness's Primary Contacts:
Nadia Petrov, Lead Associate Calderwood & Harkness LLP 100 Southeast Second Street, Suite 3400 Miami, FL 33131 Telephone: (305) 555-0192
Email: n.petrov@calderwoodharkness.com
James Underwood, Working Associate Calderwood & Harkness LLP 100 Southeast Second Street, Suite 3400 Miami, FL 33131 Telephone: (305) 555-0147
Email: j.underwood@calderwoodharkness.com
7. Authorization
This letter is sent on behalf of and at the direction of Verimark Hospitality Group Inc., acting through its General Counsel, Devin K. Arroyo. Calderwood & Harkness LLP is authorized to make this preservation request and to coordinate with Luminos regarding the preservation and production of data described herein, pursuant to VHG's engagement of Calderwood & Harkness as outside counsel in this matter (C&H Matter No. 1021-00005, opened January 30, 2026).
If Luminos wishes to verify this authorization, it may do so by contacting Mr. Arroyo directly at VHG's Office of the General Counsel, (813) 555-0310, d.arroyo@verimarkgroup.com, or by contacting Mr. Fuentes at the contact information provided in Section 6 above. We request that any such verification be conducted promptly so as not to delay Luminos's implementation of the preservation measures described in this letter.
8. Confidentiality and Privilege
This letter and its contents are protected by the attorney-client privilege and the work-product doctrine to the fullest extent applicable under law. This communication was prepared by counsel for VHG in anticipation of litigation and for the purpose of rendering legal advice to VHG in connection with the anticipated claims.
We request that Luminos treat this letter and its contents as strictly confidential and that Luminos not disclose the existence or contents of this letter to any third party — including, without limitation, any current or former VHG employee, any opposing party or opposing counsel, any governmental agency, or any other person or entity — without the prior written consent of Calderwood & Harkness or VHG. In the event that Luminos receives a subpoena, court order, or other legal process seeking disclosure of this letter or information about this preservation request, we ask that Luminos promptly notify Calderwood & Harkness before making any disclosure so that VHG may assert any applicable privileges or protections.
We further note that data produced by Luminos in response to this request may be designated as privileged or work-product material to the extent it is generated, compiled, or organized at the direction of counsel for the purpose of rendering legal advice. The production of such data to Calderwood & Harkness does not constitute a waiver of any applicable privilege or protection.
9. Reservation of Rights
VHG and Calderwood & Harkness expressly reserve the right to supplement this preservation request with additional categories of data, expanded date ranges, additional property locations, or further specifications as the matter develops and as additional information becomes available. This letter represents VHG's initial preservation request based on the information currently available and should not be construed as a complete or final statement of VHG's preservation needs.
Nothing in this letter constitutes a waiver of any rights, claims, or defenses available to VHG under applicable law, including but not limited to any rights or defenses arising under the FLSA, the Florida Constitution, or any other federal or state statute, regulation, or common-law principle.
VHG further reserves all rights under its contractual agreements with Luminos, including without limitation any data-access provisions, data-portability provisions, audit rights, and indemnification provisions set forth in the Master Service Agreement or any related agreement between VHG and Luminos.
We appreciate Luminos's prompt attention to this important matter. The preservation of the data described in this letter is essential to VHG's ability to comply with its legal obligations and to ensure the integrity of the evidentiary record in the anticipated litigation. We are confident that Luminos shares our commitment to the proper preservation of data and records, and we look forward to your timely confirmation of compliance.
Should you have any questions regarding this letter, the scope of the preservation request, or the data-export specifications, please do not hesitate to contact Bernard Crawford at (305) 555-0123 or b.crawford@calderwoodharkness.com, Nadia Petrov at (305) 555-0192 or n.petrov@calderwoodharkness.com, or James Underwood at (305) 555-0147 or j.underwood@calderwoodharkness.com.
Thank you for your cooperation.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Bernard Crawford Responsible Partner, Labor & Employment Calderwood & Harkness LLP 100 Southeast Second Street, Suite 3400 Miami, FL 33131 Telephone: (305) 555-0123
Email: b.crawford@calderwoodharkness.com
cc: Devin K. Arroyo, General Counsel, Verimark Hospitality Group Inc.
cc: Enrique J. Fuentes, Director, Payroll & Workforce Compliance, Verimark Hospitality Group Inc.
cc: Nadia Petrov, Lead Associate, Calderwood & Harkness LLP
cc: James Underwood, Working Associate, Calderwood & Harkness LLP
Enclosures: None

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